Crown lawyers need to attend bail hearings, Edmonton Police say

Edmonton Police want Crown prosecutors instead of their own officers to participate in bail hearings.

The police service issued the statement Friday in response to the case of Shawn Rehn, the man who shot and killed RCMP Const. David Wynn in St. Albert last month. 

Rehn, 34, had a long history of drug use and violent behaviour and had been charged with a least 100 offences dating back to 1994.  RCMP Commissioner Bob Paulson questioned why someone with Rehn's extensive criminal history was not in custody. 

• Shawn Rehn, alleged shooter of St. Albert Mounties, had history of crime, drug use
• Const. David Wynn's fatal shooting prompts reviews by RCMP, Alberta

Edmonton Police are pointing to their participation of their own officers in hearings as one factor. Police officers lack the expertise in statutory and case law of defence lawyers so hearings become unbalanced. 

The province’s Law Enforcement Framework also does not identify bail hearings as a responsibility for police,. 

“Most citizens expect that police officers will do police work, and lawyers will do legal work,” acting Deputy Chief Deb Jolly said in the news release. “That’s just not happening in Justice of the Peace bail hearings.”

Justice Minister Jonathan Denis promised to investigate what interactions Alberta Crown prosecutors had with Rehn.

In a statement, his spokesman Jessica Jacobs-Mino said that review was now underway. and will include the Crown’s involvement with bail “processes.”

“If during the course of this review other issues‎ are identified, they will be identified along with a recommendation that they be further explored,” she said.

“The review, once completed, will be released.”

EPS says officers took part in 15,144 bail hearings last year, an average of 41 hearings a day.

Crown prosecutors participated in bail hearings during a pilot project in 2008, but stopped afterwards. Police officers have attended the hearings ever since, EPS says.